Terms of Service

1. Acceptance of Terms

By downloading, accessing, or using PersonalWorkout (the "App"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not use the App.

These Terms constitute a legally binding agreement between you and Danilo Silveira ("we," "us," or "our"), the developer of PersonalWorkout.

2. Description of Service

PersonalWorkout is a fitness tracking mobile application designed to help users:

• Log and track workout sessions
• Create and manage custom workout plans
• Monitor exercise progress over time
• Sync fitness data with Apple Health (HealthKit)
• Access exercise libraries and instructions
• Track body measurements (BMI, progress photos)

Service Availability:

• The App is provided "as is" and "as available"
• We do not guarantee uninterrupted or error-free operation
• We reserve the right to modify, suspend, or discontinue features at any time

3. Eligibility and Account Requirements

3.1 Age Requirement

You must be at least 16 years old to use PersonalWorkout. By using the App, you represent that you meet this age requirement.

3.2 Account Creation

To use certain features of the App, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your account credentials secure
• Accept responsibility for all activities under your account
• Notify us immediately of unauthorized access

3.3 Account Termination

We reserve the right to:

• Suspend or terminate accounts that violate these Terms
• Delete accounts that have been inactive for 24 months
• Refuse service to anyone at any time for any reason

4. Subscription Plans and Payments

Prices are shown in USD and may vary by region. Actual prices are displayed in the App before purchase.

4.2 Payment Processing

• Subscriptions are processed through Apple App Store
• Payment is charged to your Apple ID account upon confirmation
• Subscription automatically renews unless cancelled at least 24 hours before renewal
• Your Apple ID account will be charged for renewal within 24 hours before the end of the current period

4.3 Subscription Management

• You can manage or cancel subscriptions through your Apple ID settings
• Cancellation takes effect at the end of the current billing period
• No refunds for partial subscription periods
• Free trials (if offered) convert to paid subscriptions unless cancelled

4.4 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will apply to new subscriptions or renewals after providing at least 30 days' notice via App Store update or in-app notification.

5. Free and Pro Features

5.1 Free Tier Features

Users with a Free subscription have access to:

• Create up to 3 workout plans
• Access workout history for 30 days
• Basic exercise library
• Standard rest timer (max 90 seconds)
• Apple Watch workout tracking
• Manual workout logging

5.2 Pro Tier Features

Users with a Pro subscription enjoy all Free features plus:

• Unlimited workout plans
• Full, permanent workout history access
• Advanced analytics and progress tracking
• Exercise video demonstrations (1,000+ exercises)
• Custom rest timer (any duration)
• Progress photo tracking
• Apple Watch complications
• Plan sharing capabilities
• Data export functionality

5.3 Feature Limitations

Free tier feature limits are enforced through the App. Attempts to exceed limits will prompt an upgrade to Pro. We reserve the right to modify free/pro feature allocations at any time with reasonable notice.

6. User Conduct and Responsibilities

6.1 Acceptable Use

You agree to use PersonalWorkout only for lawful purposes and in accordance with these Terms. You must not:

• Use the App for any illegal purpose
• Attempt to circumvent subscription restrictions or payment requirements
• Reverse engineer, decompile, or disassemble the App
• Use automated tools to access the App (bots, scrapers, etc.)
• Interfere with or disrupt the App or servers
• Impersonate any person or entity
• Violate any applicable local, provincial, state, national, or international law

6.2 HealthKit Data

If you choose to connect Apple Health:

• You consent to the App reading and writing health data to HealthKit
• You control which data types are shared through HealthKit permissions
• You can revoke access at any time through iOS Settings
• Health data remains on your device and is subject to Apple's privacy practices

7. Health and Medical Disclaimer

7.1 Not Medical Advice

PersonalWorkout is a fitness tracking tool and does NOT provide medical advice, diagnosis, or treatment. The App is not a substitute for professional medical advice, diagnosis, or treatment.

7.2 Consult Healthcare Professionals

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding:

• Exercise suitability for your condition
• Diet, nutrition, or weight management
• Medical conditions or injuries
• Starting a new exercise program

7.3 Use at Your Own Risk

You acknowledge that:

• Exercise carries inherent risks of injury or death
• You are solely responsible for determining if exercises are appropriate for you
• We are not responsible for injuries sustained while using the App
• You should stop exercising if you experience pain, dizziness, or discomfort

7.4 No Emergency Features

PersonalWorkout does not include emergency detection or alerting features. In case of medical emergency, call emergency services (911 in Canada/US, 999 in UK, 112 in EU) immediately.

8. Intellectual Property Rights

8.1 Our Rights

PersonalWorkout and all content, features, and functionality are owned by Danilo Silveira and are protected by copyright, trademark, and other intellectual property laws.

Our Property includes but is not limited to:

• The App code, design, and interface
• Exercise database and descriptions
• Workout plan templates
• Branding, logos, and trade dress
• Documentation and marketing materials

8.2 Your License

We grant you a limited, non-exclusive, non-transferable, revocable license to use PersonalWorkout for personal, non-commercial purposes in accordance with these Terms.

8.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the App
• Remove or alter any proprietary notices
• Use the App for commercial purposes without written consent
• License, sublicense, sell, or resell the App

9. Termination and Suspension

9.1 Termination by You

You may stop using PersonalWorkout at any time. To delete your account and request data deletion, contact privacy@pworkoutapp.com.

9.2 Termination by Us

We may suspend or terminate your access to PersonalWorkout immediately, without prior notice, for any reason, including but not limited to:

• Violation of these Terms
• Abuse of the App or its features
• Suspicious account activity
• Extended period of inactivity (24 months)

9.3 Effect of Termination

Upon termination:

• Your right to use the App ends immediately
• Your subscription will not be prorated or refunded
• We may delete your account data per our retention policy
• Provisions that should reasonably survive termination remain in effect

10. Disclaimers and Warranties

10.1 "AS IS" and "AS AVAILABLE"

PersonalWorkout is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.

10.2 No Warranties

To the maximum extent permitted by applicable law, we expressly disclaim:

• Merchantability — The App is fit for general purposes but not guaranteed for any specific purpose
• Fitness for a Particular Purpose — We don't guarantee the App meets your specific fitness needs
• Non-Infringement — The App may inadvertently infringe third-party rights
• Accuracy — Exercise information may not be complete, accurate, or up-to-date
• Reliability — The App may contain bugs or errors
• Security — No system is completely secure from unauthorized access

10.3 Health Information

Exercise information provided in PersonalWorkout is:

• For general informational purposes only
• Not tailored to your individual health status
• Not a substitute for professional medical advice

11. Limitation of Liability

11.1 Limited Liability

To the maximum extent permitted by applicable law, Danilo Silveira shall not be liable for:

11.2 Liability Cap

Our total liability for any claims arising from these Terms or your use of PersonalWorkout shall not exceed the amount you paid for the App in the 12 months preceding the claim.

11.3 Exception to Limitation

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Danilo Silveira from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of PersonalWorkout
• Your violation of these Terms
• Your violation of any third-party right
• Any User Content you provide
• Any injury or harm resulting from your use of exercise features

13. Privacy and Data Protection

Your use of PersonalWorkout is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the App, you consent to such collection and use.

Key Privacy Points:

• We collect account information, health data (via HealthKit), and usage analytics
• We use RevenueCat for subscription management and Firebase for analytics
• Health data remains on your device subject to Apple's HealthKit policies
• You can request access, correction, or deletion of your data
• Full privacy details: Privacy Policy

14. Third-Party Services and Integrations

14.1 Apple Services

PersonalWorkout integrates with the following Apple services:

• App Store — For app distribution and subscription billing
• HealthKit — For health data synchronization
• Apple Watch — For companion watch app functionality
• iCloud — For data backup and sync (if enabled)

Your use of these services is subject to Apple's terms and conditions.

14.2 Third-Party Services

The App uses the following third-party services:

• RevenueCat — Subscription management and entitlement verification
• Firebase Analytics (Google) — App usage analytics and crash reporting

These services have their own privacy policies and terms. We encourage you to review them.

15. Modifications to Service

15.1 Right to Modify

We reserve the right to modify, suspend, or discontinue PersonalWorkout (or any part thereof) at any time with or without notice.

15.2 Feature Changes

We may:

• Add new features (Free or Pro)
• Modify existing features
• Move features between Free and Pro tiers
• Discontinue features entirely

15.3 Price Changes

Subscription prices may be changed with at least 30 days' notice. Changes won't apply to existing subscriptions until renewal.

15.4 Terms Changes

We may update these Terms at any time. We'll notify you of material changes via:

• In-app notification
• Email (if provided)
• App Store update description

Continued use after changes constitutes acceptance.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of Canada and the laws of the province where Danilo Silveira resides.

16.2 Dispute Resolution

Good Faith Negotiation: If a dispute arises, we agree to attempt to resolve it through good faith negotiation.

Mediation: If negotiation fails, either party may request non-binding mediation.

Litigation: If mediation fails, disputes may be resolved in a court of competent jurisdiction in Canada.

17. General Provisions

17.1 Entire Agreement

These Terms (including our Privacy Policy) constitute the entire agreement between you and Danilo Silveira regarding PersonalWorkout.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of such right or provision.

17.4 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations to a third party in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control (e.g., natural disasters, wars, internet outages).

18. Contact Information

For Privacy-Related Inquiries

Email: privacy@pworkoutapp.com
Subject: Privacy Request

For Legal Matters

Email: privacy@pworkoutapp.com
Subject: LEGAL NOTICE